Russell v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney
[2008] NSWCA 217
Citation 1
(Para 32)
…s, an employer must act “responsibly and in good faith.”[24] [24] Russell v Trustees of the Roman Catholic Church [2008] NSWCA 217 at [32] citing Eastwood v Magnox [2005] 1 AC 503 89 In the English case of Clark v Nomura[25] the English High Court was concerned with the question of the exercise of an employer’s dis…
Reynolds v Southcorp Wines Pty Ltd
[2002] FCA 712
Citation 2
…ed by reason only of the different purposes which damages and severance payments are intended to serve.[13] [12] [13] This is consistent with Reynolds v SouthCorp Wines Pty Ltd (2002) 122 FCR 301 at [54]and Reilly v Praxa [2004] ACTSC 41 at [35] 64 In cases where an offset has been permitted, there appears to have been no contractual entit…
Furey v Civil Service Association of WA (Inc)
[1999] FCA 1492
Citation 3
(Para 1)
…v Public Transport Corporation of Victoria [1998] VSC 132 and cf Black v Brimbank City Council (1998) 77 IR 405 and Fury v Civil Service Association (1999) 91 FCR 407…
Hawkins v Clayton
[1988] HCA 15
Citation 4
…articulated. In terms of implication, a court may imply terms as a matter of “presumed or imputed intention.”[17] [17] Hawkins v Clayton (1988) 164 CLR 539 at 570 74 In Chia Ashley J stated that in considering whether a term should be implied, and if so, what that term should be, the court should determine the presu…
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 5
…In that case the function of a court is to establish what the contract is, the parties not having themselves fully stated the terms. [19] (1977) 180 CLR 266 at 283 [20] (1988) 164 CLR 539 at 571 76 As stated by Deane J in Hawkins [21]: [21] Ibid “ The most that can be said consistently with the need for some degree o…
Reilly v Praxa Ltd
[2004] ACTSC 41
Citation 6
(Para 1)
…Cf Reilly v Praxa Ltd [2004] ACTSC 41 at [22]…
Black v Brimbank City Council
[1998] FCA 74
Citation 7
(Para 1)
…See for e.g. Haley v Public Transport Corporation of Victoria [1998] VSC 132 and cf Black v Brimbank City Council (1998) 77 IR 405 and Fury v Civil Service Association (1999) 91 FCR 407…
Rankin v Marine Power International Pty Ltd
[2001] VSC 150
Citation 8
…further described as a duty “to act honestly and fairly.” His Honour found no evidence of “wrongdoing” in that case. [23] Rankin v Marine Power International (2001) 107 IR 117 at 161 88 The obligation of the trust and confidence implied term has also been stated to mean that an employer must treat his employees “fairly”. In the conduct of h…
Haley v Public Transport Corporation of Victoria
[1998] VSC 132
Citation 9
(Para 1)
…See for e.g. Haley v Public Transport Corporation of Victoria [1998] VSC 132 and cf Black v Brimbank City Council (1998) 77 IR 405 and Fury v Civil Service Association (1999) 91 FCR 407…